From Policy Governing To Law Governing

Peng Zhen is one principal leader of the party and our country, since he has charged the public security and legal organs from the founding of the People's Republic of China to the reform and openness, and he has presided a lot of legislation, especially when he served as the chairman of the NPC Standing Committee after Cultural Revolution. So he was known as the founder of the socialist legal system. Because Peng Zhen accepted the Marxism, he gradually used the party's policy to govern the country when he joined the revolution. After New China was founded, he recognized the importance of the law on a certain degree, but still inclined to though the party's policies to govern the country. However, he went through the catastrophe of the Cultural Revolution, he understood profoundly that administration must transform the policy governing to law governing. In other words, Peng Zhen's thoughts have appeared a clear change that the administration must transform the policy governing to law governing. As Peng Zhen was in a special position, the thought of this shift reflected the change of the concept of governance, then it propelled the administration's change.This paper takes the development of Peng Zhen's treatment study as the object of study and card the progress of the development of it. On this basis, it attempts to analyze the reasons for this change, and gives a brief assessment to draw inspiration in building the rule of law. This article contains six parts:The introduction briefly describes the meaning of the research in this paper, at the same time reviews the relevant academic research, and summarizes the way of the research in this paper.The first part analyzes the relationship between policy and law, and defines the concepts of policy governing and law governing. The policy governing has flexibility feature, and law governing has stability feature. Therefore, this paper refines the difference between the policy governing and law governing.The second part bases on the analysis of Peng Zhen's works, summarizes and combs the development of Peng Zhen's treatment study, which are include The party work and concrete policy report about Shansi-Chahar-Hopei border area, Selections from Peng Zhen, Peng Zhen in New China's public security and legal organs, and so on.The third part analyzes the reason why Peng Zhen's treatment study changes: the method which the socialist modernization relies on has changed from political mobilization to benefit mechanism. This requires a fixed guideline by law for people's acts.The forth part analyzes the problem of context awareness of Peng Zhen through the development of his thoughts and comment his transformation of the treatment study: on the one hand, the advocate of law governing provides the rule foundation for building the Society with Legal System. On the other hand, the law governing which Peng Zhen wants to build is lack of rule of law. Bases on this analysis, we can draw the enlightenment from this transformation: the construction of the rule of law requires not only the laws of the system, but also needs the support of the rule of law. So to build the Society with Legal System must nurture the rule of law.The conclusion of this thesis summarizes the thinking of this paper, and reiterates the argument of this thesis: to build the Society with Legal System requires adhering to the premise of law governing, and fosters the rule of law gradually.